office of attorney general(discharge of duties) act en sw

7/25/2019 Office of Attorney General(Discharge of Duties) Act en Sw

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__________CHAPTER 268

________

OFFICE OF THE ATTORNEY GENERAL (DISCHARGE OF DUTIES) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMETN OF SECTIONS

Section Title

PART I

PRELIMINARY PROVISIONS

1.

Short title and commencement.2.

Application.3.

Interpretation.

PART IIOFFICE OF THE ATTORNEY GENERAL

4. Administration of the Office.

5. Attorney General and his functions.6.

Powers of the Attorney General.

7. Deputy Attorney General and his functions.

8. Duties of the Office of the Attorney General.9.

Appointment or employment of officers.

PART IIIFUNCTIONS OF THE OFFICE OF THE ATTORNEY GENERAL

(a)Special Provisions in Relation to the Director of Public Prosecutions

10.

Functions and powers of the Director of Public Prosecutions.

11. Relationship of the Director of Public Prosecutions and Attorney General.

(b) Provisions in Relation to the Matters of Legal Nature

12. Drafting and Publication of Bills.13.

Supervision of the Attorney General of the functions under section 8.

14. Discharge of duties of civil nature and constitutional nature.


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PART IVTHE ATTORNEY-GENERAL AND OTHER LEGAL

OFFICERS IN THE PUBLIC SERVICE

15.

Provision regarding legal officers and officers in Government.16. Functions to be performed by persons qualified in law.

17. Audience by Attorney General in matters of public interest, etc.

PART V

LEGAL FUNCTIONS OF THE LOCAL GOVERNMENT AUTHORITIES

18.

Appointment of a Law officer for local government authorities.

PART VICONTROL OF THE PERFORMANCE OF FUNCTIONS

AND THE DISCHARGE OF DUTIES OF THEATTORNEY GENERAL

19. Reserve of matters to the Attorney General.

20. Procedure of sourcing consultancy.21.

Power to issue directives and practice notes.

22.

Reference of matter for opinion of the Attorney General.

23. Opinion of the Attorney General to be a position of the Government.

PART VII

RECRUITMENT AND CODE OF ETHICS FOR LEGAL OFFICERS

24.

Qualification for employment and appointment of Law Officers and State

Attorneys.

25. Appointment of Officers in Government to be State Attorney.26.

Register of Law Officers and State Attorneys.

27.

Code of Ethics.

28. Sanctions for breach of the Code of Ethics.

29. Regulations.

PART VIII

CONSEQUENTIAL AMENDMENTS

30.

Amendment of the Advocates Act, Cap.341.

31. Amendment of the Local Government (District) Authorities Act, 1982.32.

Amendment of the Local Government (Urban) Authorities Act, 1982.

33. Amendment of the Magistrates Court Act, 1984.

______SCHEDULE

_______


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CODE OF ETHICS AND PROFESSIONAL CONDUCT FOR LAW OFFICERS,STATE ATTORNEYS AND LEGAL OFFICERS IN THE PUBLIC SERVICE

An Act to provide for the discharge of duties and the exercise of powers of the

Attorney General, and to provide for the relationship of the Office of theAttorney General with other public offices and officers performing legal

functions in the Government and local government authorities and to provide

for related matters.

[1stJuly, 2005]

[GN. No. 171 of 2005]

PART I

PRELIMINARY PROVISIONS

Short title andcommencement

1.-(1) This Act may be cited as the Office of the Attorney General

(Discharge of Duties) Act, 2005.

(2) This Act shall come into operating on such date as the Ministermay, by notice in the Gazette, appoint.

Application 2. This Act shall apply to persons who perform or discharge legal

functions in the Office of the Attorney General and other officers in thepublic service who, by virtue or nature of their job description are required

to seek or consult for legal advice from the Office of the Attorney General.

Interpretation 3. In this Act, unless the context requires otherwise -

Act means the Office of the Attorney General (Discharge of Duties) Act,

2005;Administrator General for the purpose of this Act means the person

discharging the functions stipulated under subsection (2) of section

8 and includes an officer discharging those functions on his behalf;

Attorney General has the meaning ascribed to it under Article 59 of theConstitution, and shall include, the Deputy Attorney General, Law

Officers and State Attorneys when discharging the duties or

exercising the powers of the Attorney-General;Code of Ethics means the Code of Ethics for Law Officers, State

Attorneys and Legal Officers in public service;

Constitution means the Constitution of the United Republic of Tanzania,1977;

Court means a court of law and includes a tribunal;

Deputy Attorney General has the meaning ascribed to it under Article59A of the Constitution;

investigative organs as used in this Act, means the Police Force,


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Cap.1

Prevention of Corruption Bureau, Tanzania Revenue Authority,

Immigration Department and other Government agencies chargedwith the functions of detecting crimes;

Cap.1 Law Officer has the meaning ascribed to it under the Interpretation of

Laws Act;legal officer means a holder of a duly recognized degree in law employed

in the public service, other than the Office of the Attorney Generaland includes a solicitor;

Minister means the Minister responsible for legal affairs;

Office of the Attorney General in relation to the functions of theAttorney General, means the Office established by Article 59(1) of

the Constitution;

public service for the purpose of the discharge of the duties of the Office

of the Attorney General, means the service in the Ministry of theGovernment, Government Departments and Government Agencies;

State Attorney means a person appointed as such under section 24 orsection 25 of this Act; as such pursuant to the provisions of this Actand includes, a Parliamentary Draftsman.

PART IIOFFICE OF THE ATTORNEY GENERAL

Administrationof the Office

4. The administration of the Office of the Attorney General, the

discharge of duties, the exercise of the powers and the relationship of theOffice of the Attorney General with other officers discharging legal duties

in the public service shall be governed by this Act.

AttorneyGeneral and hisfunctions

5.-(1) The Attorney General shall be the head of the Office of the

Attorney General.

(2) The Attorney General shall, by virtue of his office, be the head

of the bar and shall take precedence in court in all matters whenever he

appears.

(3) The provisions of subsection (2) shall apply in relation to theDeputy Attorney General, Law Officers and State Attorneys appearing in

court on behalf of the Attorney General.

Powers of the

Attorney

General

6. In the discharge of the functions under sub-article (3) of Article

59 of the Constitution, the Attorney General shall have and exercise thefollowing powers:(a)

to appear at any stage of any proceedings, appeal, execution

or any incidental proceedings before any court or tribunal in

which by law the Attorney Generals right of audience is

excluded;(b)

where a case in relation to any of the issues referred to in

paragraph (a) is pending before a primary court, the Attorney


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General, a Law Officer or a State Attorney may file a

certificate in the court requiring it to transfer the matter to theDistrict Court with competent jurisdiction for further

directions;(c)

to require any officer in the public service to furnish any

information in relation to any matter which is the subject oflegal advice;

(d) to summon any officer in the public service to explain anymatter which is the subject of litigation by or against the

Government;

(e) to issue directions to any officer performing legal functionsin any Ministry of the Government, Government

Departments or Government Agencies.

DeputyAttorneyGeneral and his

functions

7.-(1) The Deputy Attorney General shall carry out any functions,discharge any duty and exercise any power as may be directed by the

Attorney General and shall:(a) be the administrative head of the Office of the AttorneyGeneral;

(b)

take up and conduct litigation on behalf of the Attorney

General and for that purpose, to direct Law Officers andState Attorneys who conduct litigation on that behalf;

(c)

carry out the general supervisory role of legislative drafting

of Bills and other legislative instruments;(d)

carry out the general supervision of Law Officers and StateAttorneys;

(e) administer legal functions performed by Law Officers and

State Attorneys in the Office of the Attorney General; and(f)

be responsible for the discipline of Law Officers and State

Attorneys in the Office of the Attorney General.

Duties of theOffice of theAttorneyGeneral

8.-(1) Without prejudice to the general provisions of Articles 59,

59B of the Constitution and any other provisions of this Act, the duties of

the Office of the Attorney General shall be as follows to:(a)

perform the functions of public prosecutions in accordancewith the Constitution and any other written law;

(b) control all criminal prosecutions in the country;(c)

draft legislative proposals into Bills for enactment byParliament;

(d)

advise the Government on any matter of a civil nature

including contracts, international agreements and treaties;(e)

advise the Government on all matters relating to the

Constitution and human rights;

(f) represent the Government in courts of law and tribunals inany suit or matter to which the Government is a party or has

interest;


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(g) advice Government Ministries, Government Departments

and other Government institutions and organizations onlegislative process;

(h) draft all legislative instruments and resolutions for

ratification by the National Assembly;(i) advise and find meaning out of Parliamentary enactments;

(j) perform any function as may be necessary for effectivedischarge of the duties and the exercise of the powers of the

Attorney General.

(2) In addition to the functions stipulated under subsection (1) ofthis Act, the Attorney General shall perform the functions of -

Cap.27Cap.445Cap.375

(a)

the Administrator General as stipulated under the

Administrator General Ordinance, the Probate and

Administration Ordinance and the Trustees IncorporationOrdinance;

Cap.108

Act No.5of 1971

Cap.335

(b)

the Registrar General as stipulated under the Births and DeathsOrdinance, Law of Marriage Act, 1971 and the AdoptionOrdinance;

Cap.25Cap.212

(c) the Office Receiver as stipulated under the Bankruptcy

Ordinance and the Companies Act, 2002; andCap.31 (d)

the Public Trustee as stipulated under the Public Trustee

Ordinance.

Appointmentor employmentof officers

9. There shall be employed or appointed in the Office of theAttorney General, Ministries of the Government, Government Departments

and Agencies, such officers of the titles explanatory of their functions and

duties as prescribed by this Act or any other written law.

PART III

FUNCTIONS OF THE OFFICE OF THE ATTORNEY GENERAL

(a) Special Provisions in Relation to the Director of Public Prosecutions

10.-(1) In addition to the functions stipulated Article 59B of theConstitution, the Criminal Procedure Act, 1985 or any other written law,

the Director of Public Prosecutions shall perform the following functions:(a)

to supervise:

Functions andpowers of theDirector ofPublic

ProsecutionsAct No.9 of

1985(i) officers in the Directorate of Public Prosecutions in

the discharge of prosecution duties;

(ii) other officers or persons who conduct prosecutionson behalf of the Director of Public Prosecutions by

delegated authority or by specific appointment;

(b) to coordinate investigation duties conducted by theinvestigative organs;

(c)

subject to the provisions of section (7)(1)(e) to enforce


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discipline of officers conducting prosecutions under the

directions of the Director of Public Prosecutions; and

(d) to do anything or matter incidental to the conduct of

prosecution.

(2) In the performance of the functions stipulated in this section,the Director of Public Prosecutions shall have the power to:Cap.20 (a) delegate to any Law Officer, State Attorney, officer

employed in the service or any other person the powers to

prosecute stipulated in the Constitution, the Criminal

Procedure Act, 1985 or any other written law;(b)

call any file from any organ charged with the duty to

investigate crime;

(c) appoint prosecutors in accordance with any other written

law;(d)

give directions to any officer to whom powers of the Director

of Public Prosecutions have been delegated; and(e) direct investigative organs on any matter of a general orspecific nature relating to investigation of crime.

(3) The Director of Public Prosecutions shall represent the

Government in criminal appeals filed in the High Court and Court ofAppeal

Relationship ofthe Director ofPublic

Prosecutionsand AttorneyGeneral

11.-(1) The Director of Public Prosecutions shall have regard to

directions of a general or specific nature as may be given by the AttorneyGeneral or the Deputy Attorney General in relation to implementation of

Government policy or supervision of officers within the Directorate of

Public Prosecutions.(2) Nothing in this section shall be construed as abrogating or in

any way limiting the powers of the Director of Public Prosecutions in

relation to the control of public prosecutions.

(b) Provisions in Relation to Other Matters of Legal Nature

Drafting andpublication ofBills

12.-(1) The Attorney General shall, through the ChiefParliamentary Draftsman, define drafting instructions and exercise

exclusive mandate on drafting legislative proposals into Government Bills.

(2) Where drafting instructions are received, the ChiefParliamentary Draftsman shall draft legislative proposals for approval by

the Cabinet.

(3) Where the Cabinet approves the draft legislative proposals, theChief Parliamentary Draftsman shall cause the Bill to be published in the

Gazette.

(4) The term drafting instructions as used in this section means,directives given by the Cabinet for drafting legislative proposals into a Bill

or by an authority delegated by Parliament through an enactment to make a


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subsidiary legislation.

Supervision ofthe AttorneyGeneral of this

Functionsunder section 8

13. The Attorney General shall supervise the Administrator

General in the performance of the functions stipulated under subsection (2)

of section 8 of this Act.

Discharge ofduties of civil

nature andconstitutionalnature

14. In addition to the functions stipulated under the provisions ofsections 12 and 13 of this Act, the Attorney General shall perform the

following functions:

(a) advising the Government on civil, commercial and

international matters;(b)

negotiating agreements on behalf of the Government;

(c) advising the Government on Constitutional and human rights

matters;

(d)

representing the Government in Courts and tribunals;(e)

controlling delivery of advice on matters of law to the

Government, Govern\men t Departments and Agencies; and(f)

coordinating reporting obligations to international human

rights treaty bodies to which Tanzania is a member or on any

matter which member states are required to report.

PART IV

THE ATTORNEY GENERAL AND OTHER LEGAL

OFFICERS IN THE PUBLIC SERVICE

Provisionregarding legal

officers andofficers inGovernment

15.-(1) There shall continue in existence in Ministries,Government Disarmaments and Agencies, legal officers who by virtue oftheir qualifications, job description and duties, perform legal functions.

(2) The Attorney General shall have the power to issue directions

either general or specific to any legal officer referred to in subsection (1)

with regard to the manner of performing the legal functions within theirrespective places of employment.

Functions to be

performed bypersons

qualified in law

16.-(1) The functions which are, by the Constitution, this Act or byany other written law, required to be performed by or on behalf of the

Attorney General, may be performed by a Law Officer or legal officeremployed in the public service authorized by the Attorney General toperform the functions stipulated under subsection (2) of section 8.

(2) The Deputy Attorney General may, after consultation with

administrative head of any Ministry, Government Department or Agency,

advise the Attorney General to :(a)

appoint any person from within such Ministry, Government

Department or Agency who possesses the requisite


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qualifications in law, to be a State Attorney; or(b)

place in the Ministry, Government Department or Agency aLaw Officer or a State Attorney who is ordinarily employed

in the Office of the Attorney General.

(3) A person shall not become a Law Officer or a State Attorney

only for the reason that his job description includes performing legalfunctions unless that person has been appointed or placed as such in

accordance with subsection (2).(4) For the avoidance of doubt, nothing in this Act shall entitle any

officer who is not qualified in law to perform legal functions in the public

service.

Audience byAttorneyGeneral in

matters ofpublic interest,etc.

17.-(1) Notwithstanding the provisions of any written law to the

contrary, the Attorney General shall have the right of audience in

proceedings of any suit inquiry on administrative body which the AttorneyGeneral considers -

(a)

to be of public interest or involves public property; or(b)

to involve the legislative, the judiciary or an independent

department or agency of the Government.(2) In the exercise of the powers vested in the Attorney General

with regards to the provisions of subsection (1), the Attorney General shall:

(a) notify any court, tribunal or any other administrative body of

the intention to be joined to the suit, inquiry or administrativeproceedings; and

(b) satisfy the court, tribunal or any other administrative body of

the public interest or public property involved,and comply with any direction of the court, tribunal or any such other

administrative body on the nature of pleadings or measures to be taken forpurposes of giving effect to the effective discharge of the duties of theOffice of the Attorney General.

(3) Where a suit, inquiry or any other proceedings is pending

before the court, tribunal or any other administrative body to which the

Law Officer or the State Attorney do not have a right of audience, it shallbe sufficient for such Law Officer or State Attorney to file a certificate of

the intention of the Attorney General to be joined and the court, tribunal or

any such administrative body shall immediately forward the record of theproceedings to the nearest court, tribunal or administrative body for

purposes of enabling such Law Officer or State Attorney to appear.

PART V

LEGAL FUNCTIONS OF THE LOCAL GOVERNMENT AUTHORITIES

Appointmentof a Law

Officer forlocalgovernment

18.-(1) There shall continue in existence in the Ministry

responsible for local government authorities, an office of a Law Officer

who shall be responsible for the coordination of offices of all solicitors of

the local government authorities.


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authorities

(2) Where there is a need for appointing a Law Officer to head or

to perform the functions refereed to in subsection (1), the Deputy AttorneyGeneral may, after consultation with the Permanent Secretary of the

Ministry responsible for local government authority, advise the Attorney

General to appoint such officer.(3) Where, in pursuant to the provisions of subsection (2), the

Attorney General is satisfied by the need for appointment of a Law Officer,

he shall appoint a Law Officer from among the Law Officers or solicitorsemployed within the Ministry responsible for local government authorities

or from the Office of the Attorney General.

(4) A Law Officer appointed pursuant to the provisions of

subsection (3) shall bear a title of any description that deposits the nature ofthe functions performed and the position held, provided however, that such

title is commensurate to the structure of office acceptable by the Public

Service Management Office.(5) In the coordination of legal functions of the local government

authorities, the Attorney General may issue any directive of a general or

specific nature concerning professional matters and the Law Officer shallcause such directive to be implemented.

(6) The Law Officer appointed in accordance with this section

shall have the right of audience in any matter before the court in which a

local government authority is a party.

PART VI

CONTROL OF THE PERFORMANCE OF FUNCTIONS ANDTHE DISCHARGE OF DUTIES OF THE ATTORNEY GENERAL

Reserve ofmatters to the

AttorneyGeneral

19. No Law Officer, State Attorney or legal officer shall renderadvice in any matter stipulated under this section without approval of the

Attorney General, namely -

(a) interpretation of the Constitution;(b)

any matter relating to international agreements and treaties;

(c)

any matter which the law reserves to the Attorney General.

Procedure ofsourcingconsultancy

20.-(1) The engagement of consultants by any Ministry,Government Department or Agency for rendering legal services shall be

made after obtaining written approval of the Attorney General in respect of

issues that require consultancy.

(2) For the purpose of observing standards, maintaining quality orcapacity building, the Attorney General may -

(a) direct a Law Officer, State Attorney or any legal officer towhom the provisions of this Act apply participate in the work

of the consultant;

(b) prescribe the terms and conditions for a Law Officer, State

Attorney or any legal officer who participates in suchconsultancy.


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Power to issuedirectives andpractice notes

21.-(1) The Attorney General shall exercise powers, issue directives

or practice notes to any officer to whom this Act applies for the purpose of

maintaining standards and uniformity.

(2) The directives or practice notes issued pursuant to the provisionsof subsection (1) shall be in such form and manner as the Attorney General

may determine.(3) Notwithstanding the provisions of this section, all matters

regarding administration or discipline in respect of:

(a) legal officers referred to under this Act shall be under theadministrative control of their respective employers;

(b)

Law Officers, State Attorneys and City, Municipal, District

or town solicitors to the Ministry responsible for local

government to whom this Act apply, shall be controlled bythe Permanent Secretary of that Ministry; and.

(c)

legal officers shall be under the supervision and control ofthe Permanent Secretary or the Head of Department orAgency to which they are employed.

22.-(1) Any Minister, Permanent Secretary, Head of Department orAgency may refer or seek the opinion of the Attorney General on any legal

matter.

Reference ofmatter foropinion of the

AttorneyGeneral (2) When the opinion of the Attorney General is requested in

relation to any matter reserved to the Attorney General, the Minister or thePermanent Secretary or the Head of the Department or Agency shall state

clearly the matter and issues involved together with any opinion that may

have been given from within such Ministry, Government Department orAgency.

Opinion of the

AttorneyGeneral to be aposition of the

Government

23.-(1) the opinion of the Attorney General given pursuant to theprovisions of subsection (2) of this section shall remain the legal position

of the Government on the matter unless it is otherwise revised by a court of

competent jurisdiction or otherwise recalled by the Attorney General at the

instance of the Attorney General(2) The Attorney General or the Deputy Attorney General may at

the instance of the Attorney General recall any opinion given by a Law

Officer, a State Attorney or any officer in the public service which is madein the name of the Attorney General.

(3) An officer who makes a decision in disregard of the opinion of

the Attorney General:(a)

on a matter that sustains loss to the Government, shall be

surcharged or otherwise made to make good of the loss

sustained in addition to other appropriate disciplinarymeasures that may be taken against such officer;

G. N. No.168of 2003

(b)

in any other case, shall be a breach of discipline and may be


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dealt with according to the Public Service Regulations, 2003.

PART VII

RECRUITMENT AND CODE OF ETHICS FOR LEGAL OFFICERS

Qualificationsforemployment

andappointment ofLaw Officersand State

Attorney

24.-(1) Subject to the procedure determined by the Public ServiceManagement, the Deputy Attorney General shall employ legally qualified

officer in law to be a Law Officer or a State Attorney.(2) A person shall be qualified for appointment as a Law Officer

or a State Attorney who possesses a minimum of a first degree in law or the

equivalent qualification from an institution of higher learning accredited orrecognized as such by the competent authority.

(3) Where a person takes up employment as a Law Officer or a

State Attorney, the Attorney General shall, by an instrument under his

hand, appoint that person to be a Law Officer or State Attorney, and in thesame or subsequent instruments direct on the nature of functions the officer

will discharge.(4) The Deputy Attorney General shall cause to be published inthe Gazette, the names of all persons appointed to be Law Officers and

State Attorneys.

Appointmentof Officers inGovernment to

be StateAttorney

25.-(1) The Attorney General may upon the advice of the Deputy

Attorney General, appoint any legal officer in any Ministry, Government

Department or Agency who possess requisite qualifications in law to

perform the functions of a Law Officer or a State Attorney.(2) A person appointed to be a Law Officer or a State Attorney

pursuant to the provisions of subsection (1)shall perform functions and

discharge duties on behalf of the Attorney General and shall closelyobserve directives and practice notes issued from time to time.

Register of

Law Officersand StateAttorneys

26.-(1) There shall be a Register into which shall be entered andkept particulars of Law Officers and State Attorney and other legal officers

in the public service.

(2) The Deputy Attorney General shall keep and maintain the

Register of the Law Officers, State Attorneys and other legal officers inpublic service who perform the functions in accordance with this Act.

(3) The Register shall contain names, qualifications titles and

occupation of each of such officers.

Code of Ethics 27.-(1) There shall be a Code of Ethics for Law Officers, State

Attorneys and all other legal officers in the Ministry, GovernmentDepartments and Agency.

(2) The provisions of the Schedule to this Act shall constitute a

Code of Ethics for Law Officers, State Attorneys and other Legal Officersin the public service.

(3) The Deputy Attorney General shall under the superintendence


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of the Attorney General enforce the Code of Ethics and for that purpose,

control the discipline of Law Officers, State Attorney to whom this Actapply.

G.N.No.168

of 2003

(4) Notwithstanding the Public Service Regulations, 2003, the

Attorney General may make rules for enforcement of the Code of Ethics

with regards to professional discipline of the Law Officers, State Attorneyand other legal officers to whom the Code of Ethics apply.

(5) Each Permanent Secretary and every head of the Departmentor Agency shall liaise with the Deputy Attorney General in the

administration of the Code of Ethics in respect of legal officers employed

in their respective offices.(6) The Attorney General may from time to time amend the

provisions of the Schedule to this Act.

Sanctions forbreach of thecode of Ethics

28.-(1) It shall be a professional misconduct for any Law Officer,State Attorney or other legal officer to whom the Code of Ethics applies to

breach the Code of Ethics.G.N.No 168of 2003

(2) Any person who breaches the Code of Ethics shall be liable todisciplinary action and the Deputy Attorney General may impose any

punishment prescribed under the Public Service Regulations, 2003

including dismissal from the service.(3) A person who is dismissed from the service by reason of

breaching the Code of Ethics thereby rendering himself liable for

disciplinary action shall be stripped off by the Attorney General of the

status of a Law Officer or a State Attorney as the case may be.(4) Where the breach of the Code of Ethics is made by a legal

officer employed outside the Office of the Attorney General, the Deputy

Attorney General may recommend to the Permanent Secretary or the headof the Department or Agency concerned that appropriate disciplinary action

to be taken against such officer and the provisions of subsection (3) shall

accordingly apply to that legal officer.

Regulations 29. The Minister may make regulations for the better carrying out

of the provisions of this Act.

PART VIII

CONSEQUENTIAL AMENDMENTS

Amendment of

the AdvocatesOrdinanceCap. 341

30. The Advocates Ordinance is amended by deleting paragraph (c)

of subsection (2) of section 3 and substituting for it the following:

Act No.7of 1982

Act No.8

(c) any person who is a holder of law degree and who is a

solicitor in any District Council or Township Authorityestablished under the Local Government (District

Authorities) Act, 1982 and in any city or urban authority


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of 1982 established under the Local Government (Urban

Authorities) Act, 1982.

31. The Local Government (District) Authorities Act, 1982 is

hereby amended:

(a)

in section 3, by inserting in the appropriate alphabeticalarrangement the following definition:

Amendment ofthe LocalGovernment

(District)AuthoritiesAct, No.7 of1982

Solicitor means any person duly qualified in lawemployed by a local government authority to discharge legal

functions and includes an advocate engaged to represent a

local government authority in court or tribunal;00(b)

by deleting the word LOCAL appearing in a heading to

Part VIII and substituting for it the word LEGAL;

(c) by adding immediately after section 192 the following new

section:Appearancein Court

192A.-(1) Save as is otherwise

expressly provided, appearance by or onbehalf of a district or township authority inany civil case or matter in a court in which a

local government authority is a party, shall be

made by a solicitor authorized by a localgovernment authority.

(2) The Director of Public

Prosecutions may under his hand and subject

to such conditions, as may be specified,delegate to any solicitor the power to

prosecute as stipulated in any written law.

(3) Notwithstanding the provisions ofsubsection (1), where a local government

authority has not employed or engaged a

solicitor or where, with respect to anyproceedings in court to which a local

government authority is a party, that local

government authority may be represented by

any Law officer, a State Attorney or a legalofficer duly authorized in that behalf by the

local government authority.

Amendment of

the LocalGovernment(Urban)

AuthoritiesAct, 1982

32. The Local Government (Urban) Authorities At, 1982 is

amended:

(a) in section 3 by inserting in the appropriate alphabetical orderthe following definition:

solicitor means any person qualified in law employed by a

local government authority to discharge legal

functions and includes an advocate engaged to

represent a local government authority in court or


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tribunal;

Act No.8of 1982

(b)

by adding immediately after section 107 the following new

section:Appearancein Court

107A.-(1) Save as is otherwise

expressly provided, appearance by or onbehalf of an urban authority in any civil case

or matter in which can urban authority is aparty, shall be made by a solicitor authorised

in that behalf by a local Government

Authority.

Cap.20

(2) The Director of Public

Prosecutions may delegate to any solicitor

powers to prosecute stipulated in the

Constitution, the Criminal Procedure Act,1985 or any other written law.

(3) Notwithstanding the provisionsof subsection (1), where a local governmentauthority has not employed or engaged a

solicitor or where, with respect to any

proceedings in court to which a localgovernment authority is a party, that local

government authority may be represented by

an Law Officer, a State Attorney or a legal

officer authorized in that behalf by the localgovernment authority.

Amendment of

the MagistratesCourt

Act No.2of 1984

33. The Magistrates Courts Act, 1984 is hereby amended in section18(1) by adding the following paragraph immediately below paragraph (d):

(e) in all proceedings in which the Attorney Generals right of

audience is excluded.

__________

SCHEDULE_________

(Made under section 27)

_______

CODE OF ETHICS AND PROFESSIONAL CONDUCT FOR LAW OFFICERS,

STATE ATTORNEYS AND LEGAL OFFICERS IN THE PUBLIC SERVICE

PREAMBLE

______


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WHEREASintegrity, probity and uprightness is prized quality in almost everysphere of life;

AND WHEREAS, the there is a need for persons practicing law or performing

legal functions as State Attorneys in the Public Service to make a commitment to thesociety to adhere to and attain high ethical standards of conduct;

AND WHEREAS, it is desirable that the standards of conduct which a State

Attorney should observe to be prescribed and published;

NOW THEREFORE, the Code of Ethics and Professional Conduct for Law

Officers, State Attorneys and Legal Officers in the Public Service provides thus:

DEFINITION

1. In this Code of Ethics, unless the context requires otherwise -public service shall mean and include the Ministry of Government, GovernmentDepartment or Agency and local government authorities; and

State Attorney has the meaning ascribed to it under section 3 of this Act.

APPLICATION

2.-(1) This Code of Ethics shall apply to all Law Officers, State Attorneys andLegal Officers.

(2) This Code of Ethics shall be supplementary to the Public Service

Regulations, 2003 and the Rules of Professional Conduct and Etiquette of the TanganyikaLaw Society.

INTEGRITY

3.-(1) Every Law Officer, a State Attorney and a Legal Officer shall perform his

functions and discharge duties with integrity.

(2) Every Law Officer, a State Attorney and a Legal Officer shall respect andcomply with the laws of the land and shall conduct himself both in private and official

capacities in a manner that promotes public confidence, the integrity of the Public

Service, Office of the Attorney General and the legal profession.(3) Every Law Officer, a State Attorney and Legal Officer shall not allow

outside interest to compromise or in any way jeopardize the integrity of the legal

professional, independence or competence.(4) Every Law Officer, a State Attorney and Legal Officer shall at all times

observe a standard of conduct that reflects credit on the legal profession and the public

service and administration of justice generally.(5) Every Law Officer, State Attorney and Legal Officer shall desist from

conduct capable of drawing an impression of being involved in corruption.


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17

HONESTY

4. Every Law Officer, a State Attorney and a Legal Officer shall be honest andcandid when discharging official duties.

COMPETENCE

5.-(1) Every Law Officer, a State Attorney and a Legal Officer has a duty to the

Government and the public to perform functions and discharge duties in a competent

manner.

(2) Every Law Officer, a State Attorney and a Legal Officer is obliged andexpected to handle matters without undue delay, risk or unnecessary expense to the

Government.

QUALITY OF SERVICE

6. A State Attorney has a duty to serve the Government and the public in a

conscientious, diligent and efficient manner in order to provide quality service.

CONFIDENTIALITY

7. Every Law Officer, a State Attorney and a Legal Officer has a duty to hold in

strict confidence all information concerning the business and affairs of the Governmentand the public generally where the information is acquired by virtue of office and except

where the disclosure is expressly or impliedly authorized by the Attorney General, or

required by law.

JUSTICE AND THE ADMINISTRATION OF JUSTICE

8. Every Law Officer, a State Attorney and a Legal Officer has:

(a) a duty to encourage public respect for justice and to uphold and try to

improve the administration of justice;(b)

a duty to treat the court with candour, courtesy and respect and shall not

attempt to influence court decisions by the use of deceptive or

reprehensible methods;(c)

a duty to deal with other lawyers fairly, courteously and in good faith; and

(d) a duty to uphold the integrity and reputation of the legal profession and

promoting principles of fairness, justice and honesty.


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18

APPROPRIATE PRESENTATION AND ATTIRE

9. Every Law Officer, a State Attorney and a Legal Officer shall at all time inand outside the place of work appear in smart, proper and decent dress and behave in a

manner befitting both the public service and the legal profession.

WHEN DISCHARGING SPECIFIC DUTIES

10.-(1) When conducting prosecution, a State Attorney shall:

(a) act fairly and dispassionately;(b)

seek justice by leading a firm, fair and credible evidence; and

(c)

not compromise personal interest to interest of the Republic.(2) When drafting legislative proposals, a Parliamentary Draftsman shall:(a)

fairly and closely interpret Government decisions;

(b) advise and influence on the prudential, logical and intelligible manner of

presenting Government Policies, into Bills or subsidiary legislation; and(c)

not compromise personal interest to interest of the client.

(3) When dealing in matters of probate and registration of births and deaths, the

Probate Officer, shall:(a)

ensure that the best interest of the testator and survivors are fairly met;

(b) when issuing birth and death certificates, have regard to the public interest

to promote peace and security by controlling immigrants; and(c)

not compromise personal interest to interest of the Government.

(4) When conducting a case the Law Officer and a State Attorney shall:(a)

interpret provisions of the law and decisions of the courts in good faith;

(b)

ensure that the best interests of the government or complainant are

fairly met; and

(c) not compromise personal interest to interests of the client.

_____________

office of attorney general(discharge of duties) act en sw

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